Issue: A Judicial Official
has a family member who is a sworn member of a local police
department and who is a “member of a judge’s family residing
in the judge’s household” as that phrase is defined in the Code.
May the Judicial Official preside over matters (including but
not limited to ex parte warrant requests) in which the police
department or any officers employed by the police department
is a party or witness?Response: Additional facts include that
the family member does not hold a supervisory position and
does not exercise any supervisory authority over any other
member of the police department.

Consistent with opinions from other jurisdictions, including
but not limited to New York Opinion 08-50 and Delaware JEAC
2009-2, as well as the Code’s requirements that Judicial
Officials “act at all times in a manner that promotes public
confidence in the … impartiality of the judiciary, and shall
avoid impropriety and the appearance of impropriety” (Rule 1.2),
perform the duties of judicial office fairly, impartially, without
bias or prejudice (Rules 2.2 and 2.3(a)), not permit family
relationships to influence the Judicial Official’s conduct or
judgment, nor convey or permit others to convey the impression
that any person or organization is in a position to influence
the Judicial Official’s judicial conduct or judgment (Rule 2.4),
and disqualify oneself in any proceeding in which the Judicial
Official’s impartiality might reasonably be questioned (Rule 2.11),
the Committee members present unanimously determined that the
Judicial Official may preside over matters in which the police
department or any officers employed by the police department
that employs the family member is a party or witness, including,
but not limited to, ex parte requests for warrants, subject to
the following conditions:

The family member is not involved in the case in any way or,
if the family member is involved in the case, a remittal of
disqualification is obtained in accordance with Rule 2.11(c).
(If the family member is involved, the Judicial Official may
not preside over an ex parte proceeding, since the opposing
party would not be available to agree to a remittal of the
Judicial Official’s disqualification.)

The Judicial Official may not preside over any case in which
the family member supervises personnel involved in the case, or
if such personnel are involved, a remittal of disqualification
is obtained in accordance with Rule 2.11(c). While currently
the family member does not exercise supervisory authority over
any other member of the police department, the Judicial Official
needs to monitor the family member’s career, as the family
member’s responsibilities could change over time.

The Judicial Official may not preside over any case in which
the family member is not involved if the family member has an
interest that could be substantially affected by the proceeding
(i.e. a lawsuit filed by another officer challenging a promotional
examination that the family member also took).

While not required by the Code for cases in which the family member
is not involved, the Judicial Official may, if he or she so chooses,
disclose to the parties relevant information about the family member’s
employment.